Written Answers Nos. 41-60
41. Deputy Pearse Doherty asked the Minister for Justice the number of gardaí assigned to Gaeltacht regions; the number assigned to each station; the number who are fluent in Irish; the same number with respect to each, in each year since 2009; and if he will make a statement on the matter. [25301/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the allocation of personnel among the various Garda Divisions. As Minister, I have no role in such matters.
I am, however, assured that the distribution of resources is kept under continual review in the context of crime trends and policing priorities while also being cognisant of statutory commitments to Gaeilge and those commitments to Garda members who have joined the organisation through the Irish stream.
I can assure the Deputy that An Garda Síochána remains committed to the Irish language. A new Irish Language Strategy was published in March 2022. The Strategy aims to strengthen Irish language services within An Garda Síochána and ensure compliance with statutory language obligations. It includes a long-term goal of ensuring all Gaeltacht Garda stations are fully bilingual.
As outlined in the new Irish Language Strategy, An Garda Síochána will achieve its objectives through recruitment, Irish language development and awareness, and promotion and engagement.
Studies in the Irish language will remain part of the Policing BA delivered to all trainee Gardaí in the Garda College, Templemore.
An Garda Síochána issued a Directive in 2018 to ensure that only members with the appropriate Irish language skills would transfer to Gaeltacht stations, with a view to increasing the number of bilingual personnel in these stations.
The Garda authorities are also committed to ensuring that a policing service is provided through the Irish language medium in Gaeltacht stations and in Divisions with a Gaeltacht station as far as is possible in the overall context of providing a safe and effective policing service nationwide. In recent years, An Garda Síochána has brought in important measures to comply with their language obligations, including:
• The introduction of an Irish Language Stream in the recruitment process, whereby 10% of spaces in each competition are reserved for fluent Irish speakers.
• The introduction of an allocations process for Gaeltacht stations, which included a revised system of assessment, as recommended by An Coimisinéir Teanga, and also an Irish Language Proficiency Panel which includes Irish-speaking members who wish to serve in Gaeltacht areas.
• Providing opportunities for all personnel to improve their proficiency in the language.
• The introduction of an Irish language interpretation service that is available to all personnel and allows for the facilitation of services through Irish if personnel with Irish are unavailable to assist.
Each year the recruitment campaign has been advertised across all Irish language media and the national and local outreach activities undertaken by An Garda Síochána have included engagement with Gaeltacht communities and interest groups in relation the Irish Stream.
I am informed by the Garda authorities that 1,532 Garda members have declared competency in Irish with 113 declaring as native Irish speakers.
The Deputy will be interested to know the 2022 and 2023 Garda Trainee Recruitment competitions included an Irish Stream. To date, 24 candidates from the 2022 competition Irish stream have been successful at interview stage.
The attached table, provided to me by the Garda authorities, shows the personnel strength of Gaeltacht Garda stations as at 30/04/2023 and the number of members who declare competency in Irish or as native Irish speakers assigned to these stations. I hope the Deputy will appreciate that historical figures are not readily available, and would require an inordinate expenditure of Garda time and resources.
42. Deputy Paul McAuliffe asked the Minister for Justice his plans to implement a new domestic violence register; and if he will make a statement on the matter. [25298/23]
View answerAs committed to in the Zero Tolerance Strategy, this work is ongoing and officials are continuing their examination of the practical and legal issues involved.
Setting up a domestic violence register is something I discussed with Jason Poole, brother of Jennifer Poole who was murdered by her ex-partner, when I met with Jason.
Officials in my Department are currently working to prepare policy proposals for consideration by the end of the year.
This process includes an examination of the benefits and potential difficulties in formulating the policy.
However, I have been very clear that I support the establishment of such a register, subject to this process.
The recommendations of the recently published National Women's Council report on the Intersection of the Criminal Justice, Private Family Law and Public Law Child Care Processes in relation to Domestic and Sexual Violence will also be taken into consideration as part of this process.
43. Deputy Catherine Connolly asked the Minister for Justice the status of the report into familicide and domestic homicide reviews; when the report will be published; and if he will make a statement on the matter. [25052/23]
View answerAs the Deputy is aware, an independent study was commissioned by my Department into familicide and domestic homicide reviews.
This independent research involved consultations with a wide range of stakeholders, including family members of victims, state agencies and non-governmental organisations, with a view to making recommendations to improve the State's response to familicide and domestic homicide.
I recently met with the victims’ families to inform them of my intention to bring the report to Government which I now intend to do. Once I have done so, I will provide a copy of the final report to the families and will then publish it.
44. Deputy David Stanton asked the Minister for Justice if he has examined the community court system operating in New York and elsewhere; and if he will make a statement on the matter. [25234/23]
View answerThe scheme referenced by the Deputy relates to sentencing and alternatives to detention. I’m sure the Deputy will appreciate that judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the constitution and the law.
In accordance with this principle, the court is required to impose a sentence which is proportionate not only to the crime, but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present.
As the Deputy may be aware, a Sentencing Guidelines Committee was established under the Judicial Council Act on 30 June 2020. The Committee is responsible for compiling guidelines designed to increase consistency in relation to criminal sentences.
As Minister, I have no role in relation to the operation of the Judicial Council or its Committees.There are, of course, a small number of situations where statute has created exceptions to this approach and an important safeguard rests with the Director of Public Prosecutions to apply to the Court of Criminal Appeal to review a sentence she regards as unduly lenient.
As the Deputy will also be aware, an important component of the Department's Review of Penal Policy 2022-24 includes plans to increase the range of sentencing options for judges to deal with offending particularly for offending behaviour which would normally attract a short sentence.
45. Deputy Brendan Griffin asked the Minister for Justice if he will consider legislating or taking any other measures that would result in tougher punishment for people who attack gardaí in the course of their duties; and if he will make a statement on the matter. [25312/23]
View answerFrom the outset I want to make it clear that I am are extremely grateful to all frontline workers for their outstanding dedication and commitment to serving the public and for the important role that they play in our society.
It is imperative that frontline workers are able to go about their work safely, and that the law reflects the importance of this.
For the most part, the relationship between Gardaí and the public is one built on very significant trust. We only have to look to the fact that An Garda Síochána is a largely unarmed, and yet hugely effective, community policing service.
Those who perpetrate violence against members of An Garda Síochána, or of any of our courageous emergency services, must face the full rigours of the law.
An assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel, or a member of the Defence Forces is an offence under section 19 of the Criminal Justice (Public Order) Act 1994.
A person convicted of such an offence is currently liable to a fine, or to imprisonment for a term not exceeding 7 years, or both. The latter penalty was increased from a maximum term of 5 years in 2006.
However, the Government is committed to taking further action to protect Gardaí and frontline workers. To that end, I have secured Government agreement to bring forward an amendment to the Public Order Act to increase the maximum penalty available for assaulting a peace officer to 12 years.
These changes will send a very clear message that attacks on frontline workers will not be tolerated, and will be dealt with robustly.
Also as part of my Department's Justice Plan 2023, the Anti-Social Behaviour Forum will review the already very strong powers available to An Garda Síochána in relation to public order and anti-social behaviour to determine whether any further legal powers would assist their role.
Above all, I can assure the Deputy that frontline workers will always have my support to do their jobs.
46. Deputy Ruairí Ó Murchú asked the Minister for Justice when the interim report on the operation of the pilot community safety partnerships will be published; and if he will make a statement on the matter. [25207/23]
View answerCommunity safety is not just about the number of Gardaí in communities. Community safety is a whole of Government responsibility and it requires a multi-agency approach.
The Policing, Security and Community Safety Bill will place statutory obligations on Departments and other public service bodies to cooperate with each other to improve community safety. It also establishes national structures to provide strategic direction and ensure that collaboration is working, and establishes Local Community Safety Partnerships (LCSPs) which will replace existing Joint Policing Committees.
There are currently three pilot LCSPs in Dublin’s North Inner City, Waterford, and Longford. The partnerships are made up of:
• community representatives, including residents, youth representatives, members of new and minority communities, local activists, local businesses, and representatives of schools;
• public sector representatives, i.e., local statutory services such as the HSE, Tusla, An Garda Síochána, and the local authority; and
• local councillors.
Each partnership will create its own local community safety plan, setting out the key actions to address safety concerns in their respective communities and assigning ownership for these actions. The first such plan has been produced by the Longford LCSP pilot and is available on the Longford County Council website. I was pleased to launch the Waterford Community Safety Plan 2023-2028 in March.
The pilot LCSPs are undergoing an ongoing independent evaluation to ensure that, when established nationally, the LCSPs will be designed and supported to help communities prioritise issues raised by its members as safety concerns.
The mid-term evaluation was received by my Department in April 2023 and I hope for it to be published in the coming weeks.
A final evaluation report of the LCSP pilot is expected by the end of 2023, ahead of their nationwide rollout as part of the implementation of the Policing, Security and Community Safety Bill.
47. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which An Garda Síochána has adequate powers to deal with hate crimes; if An Garda Síochána has the necessary powers to intervene where law and order prevails and is seen to prevail throughout society regardless of race, creed or colour; the number of incidents, if any, recorded in the past three years which would indicate otherwise; if any action is proposed to respond to any such threats; and if he will make a statement on the matter. [25204/23]
View answerAs the Deputy is aware, the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, which is currently before the Houses, will create new, aggravated forms of certain existing criminal offences – i.e. hate crimes - where those offences are aggravated by hatred of a protected characteristic. It will also strengthen the law around incitement to violence or hatred - or hate speech – by reflecting the current context more accurately, including in relation to online hateful content.
This is an important Bill which will provide additional security to members of Ireland’s most vulnerable and minority communities, who have lived in fear for too long.
Up to now, hate speech incidents have been investigated by An Garda Síochána under the 1989 Prohibition of Incitement to Hatred Act, while hate crimes have been investigated and prosecuted under general criminal law, but with the hate motive taken into account by judges as an aggravating factor at sentencing.
The new Bill will ensure that hate-motivated offences in our communities can be prosecuted as hate crimes; and the hate element to be reflected in the charge and conviction.
As explained to the Deputy in response to Parliamentary Question 1056 on the 18 April, An Garda Síochána takes hate crime seriously and is strongly committed to engaging with and supporting all members of society, in particular, those from minority groups and diverse backgrounds. The Garda National Diversity and Integration Unit monitor all incidents recorded on Pulse that have a discriminatory motive attached to it and they advise, support and assist investigating Gardaí across the country who are investigating such incidents.
I am informed by the Garda authorities that An Garda Síochána is very clear on its position in relation to racist abuse or other types of hate crimes. They will not be tolerated.
Garda policy states: “Reports of hate crimes or hate incidents will be recorded and investigated as appropriate, where it is perceived that the perpetrator’s hostility or prejudice against any person, community or institution is on the grounds of the victim’s age, disability, race, colour, nationality, ethnicity, religion, sexual orientation or gender”.
An Garda Síochána has made a number of significant advancements which allows for the professional recording and investigation of hate-related offences. These include the:
• Introduction of working definitions for hate crime and hate incidents based on perception- based recording - the perception of the victim or other relevant person is the defining factor at the reporting stage. No additional evidence is required;
• Launch of Garda Online Hate Crime Reporting Service (2021);
• Publication of regular hate crime data;
• Internal Hate Crime Communications Strategy (2021);
• Public Hate Crime Media Campaign “Hate Crime is Unacceptable – Let’s Stop Hate Together” ( 2021);
• Updated recording and monitoring systems and the publication of new Policy and Procedures - Responding to Hate Crimes and Non Crime Hate Incidents;
• Introduction of mandatory Hate Crime training for all Garda personnel across every rank and grade and specialist training for personnel working more closely with victims of hate crime; and
In addition, there are currently 481 Garda Diversity Officers (GDOs) who are trained, developed and supported to actively engage with and attend to the concerns of minority, diverse and hard to reach communities.
According to figures based on new recording practices from An Garda Síochána, there were 582 hate crimes and hate related (non-crime) incidents recorded in 2022 - 510 hate crimes and 72 hate related (non-crime) incidents. This represents a 29% increase on 2021.
48. Deputy Colm Brophy asked the Minister for Justice the level of criminal offences committed by under-18s to date in 2023 in comparison with previous years; and if he will make a statement on the matter. [25173/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána. As Minister, I have no role in such matters.
I would like to assure the Deputy that my Department is committed to building stronger and safer communities and implementing policies designed to create a pathway to divert young people away from a life of crime.
I am informed by the Garda Authorities that the count of youth referrals created in each full year 2019 to 2022 and to date in 2023 is as follows:
|
2019 |
18,544 |
|
2020 |
16,313 |
|
2021 |
15,142 |
|
2022 |
15,732 |
|
*2023 |
6,236 |
A youth referral is created automatically when a juvenile is listed as a Suspected Offender for any crime incident.
*This is operational data taken from PULSE on 24 May 2023 and is liable to change.
59. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the new initiatives he plans on the farm safety front; and if he will make a statement on the matter. [25319/23]
View answerI thank the Deputy for raising this important topic.
Farmers are the backbone of our food production system, and it is incumbent on all of us in the sector to prioritise their safety and wellbeing.
We have made real progress in recent years on improving agriculture’s safety record. However, farming continues to be the most dangerous occupation in Ireland. Fatal incidents on farms account for just over two in five of all workplace fatal incidents and sadly, this year to date, there have been three fatalities on farms.
Additionally, data from the Teagasc National Farm Survey reveals that there are also approximately 4,500 non-fatal incidents each year on Irish farms.
By assessing our farms for risk and driving down the number of non-fatal incidents, and near misses, we can reduce the number of fatal incidents.
As the first Minister with dedicated responsibility for farm safety, my colleague, Martin Heydon T.D. has prioritised improvements in farm safety, health, and wellbeing and is committed to reducing the number of fatal and non-fatal incidents on farms
My Department has put in place a dedicated resources and a fund of €2.5 million to drive a comprehensive approach to improve farm safety along with supporting those who have been impacted by fatal and non-fatal incidents.
There continues to be a need to raise awareness among farmers, workers, and the general public on the importance of farm safety. My Department has partnered with the Health and Safety Authority to deliver a series of targeted campaigns focused on a range of high risk areas.
Improving farm safety requires a collective effort. That is why we have engaged with industry, farmer representative organisations, safety experts, and other Government agencies through the HSA’s Farm Safety Partnership to produce a number of important resources including a “Farmer Health and Wellbeing” booklet which was delivered directly to 122,000 farmers through the 2023 BISS packs.
Ensuring good farm safety habits early in life is another effective way to create a culture of safety first among the future generation of farmers. That is why I strongly supported the Farm Safe Schools Programme which worked with thousands of primary school children to equip them to lead the farm safety conversation around the kitchen table.
It is also why I worked with Teagasc to make a substantial investment in getting farm machinery simulators into all the agricultural colleges so students can practise tractor and machinery driving skills in a safe and controlled environment.
The other important area which I am prioritising this year is supporting farmers to invest in more physical infrastructure on their farms to make them safer. That is why I am delighted to have secured an increase in the grant rate for farm safety equipment in the next TAMS to 60% and the new Farm Safety Capital Investment Scheme will be opening very shortly.
This will provide significant funding for farmers to take practical steps like installing a new handling facility for cattle or sheep, replacing old or broken slats, or improving the operation of their farmyards with new roller doors and better lighting.
I am in the process of exploring further ways in which we can support farmers to make how they work safer and these will be announced in due course.
These initiatives include capital support to make farms safer, support for education and awareness through promoting farm safety practices and risk awareness that encourage behavioural change while also supporting those who have been impacted by fatal and non-fatal incidents.
Farming is a hugely rewarding profession but there can be challenges. We want to ensure that when a farmer heads out in the morning and puts on his or her wellies that they take off their own boots again in the evening.
60. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine if, given the detrimental health effects, there are plans to ban glyphosate; and if he will make a statement on the matter. [25108/23]
View answerPesticide active substances, such as glyphosate, contained in plant protection products are approved centrally at EU level and plant protection products are subsequently authorised for specific uses nationally using robust scientific evaluation and decision-making criteria.
The current approval for glyphosate will expire in December 2023. The EU process to consider whether or not to renew the approval is ongoing. This process involves a comprehensive evaluation of all relevant scientific data and a rigorous peer review process led by the European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA).
The ECHA completed its scientific assessment during 2022 and reported that the available scientific evidence does not meet the criteria to classify glyphosate as a carcinogenic substance. This conclusion was based on a highly detailed review of a wide range of scientific evidence, including extensive input from a public consultation. The EFSA is expected to complete its scientific assessment, covering human health and environmental aspects, by the end of July 2023.
Following the completion of the EU evaluation and peer review process, the European Commission will draft a proposal for voting on at the EU Standing Committee dealing with pesticides legislation.
The Department of Agriculture, Food and the Marine will finalise its position on glyphosate at that stage taking into account the EFSA’s and the ECHA’s scientific opinions and conclusions, as it does for all pesticide substances.
Glyphosate has a role to play in Irish agriculture and we will continue to monitor the situation closely.
